MS Family Law

Does Mississippi Have No-Fault Divorce?

Published on: April 18, 2025 | by Vic Carmody Jr., P.A.

A no-fault divorce is a type of divorce where neither spouse needs to prove that the other person did something wrong. In other words, you don’t have to prove the other spouse was at fault for the marriage breaking down. This contrasts with an at-fault divorce, where you would have to provide evidence of wrongdoing like infidelity, cruelty, or abandonment.

Unfortunately, Mississippi does not have no-fault divorce. In order to get a divorce in Mississippi, one spouse must file based on fault grounds or the parties must file on the ground of irreconcilable differences. Irreconcilable differences divorce in Mississippi is not the same as no-fault divorce, but it is the most similar to a no-fault divorce. With an irreconcilable differences divorce, the spouses agree that their marriage has broken down and cannot be saved, and they can no longer live together as a married couple.

How Does the Process Work?

How Do I Protect Myself from a Threat of Physical Harm? Seeking a Protection Order in Mississippi

Published on: April 11, 2025 | by Vic Carmody Jr., P.A.

If you’re facing threats of physical harm in Mississippi, you have legal options to protect yourself. One of the most effective tools is a protection order, sometimes referred to as a restraining order. Mississippi law offers protection orders based on the nature of the threat and your relationship to the individual involved. Below is an updated and accurate guide to help you understand how the process works in Mississippi. However, legal matters can be complex, and it is always best to consult a qualified attorney for personalized advice.

1. Gather Essential Information

To strengthen your petition, you’ll need to gather the following information: full names, addresses, and phone numbers for both you (the petitioner) and the respondent, and detailed incident documentation. Be sure to include specific accounts of abuse, threats, harassment, or violence. Include dates, times, locations, and any evidence such as text messages, photos, police reports, or witness statements.

Understanding the Role of a Guardian ad Litem in Mississippi Family Court

Published on: November 11, 2024 | by Vic Carmody Jr., P.A.

When family matters become contentious, particularly in cases involving child custody, visitation, or termination of parental rights, the courts often seek to ensure the best interests of the children involved. One important tool in the process is the Guardian ad Litem (GAL)—a person appointed by the court to represent and protect the child’s best interests during legal proceedings. In Mississippi, as in other states, a GAL plays a vital role in family law cases to help ensure that children’s needs and voices are heard, even when they cannot advocate for themselves.

What is a Guardian ad Litem?

The term Guardian ad Litem is Latin for “guardian for the lawsuit.” A GAL is typically an attorney, but may also be a social worker or other professional appointed by the court to represent the child’s best interests during a legal process. The GAL is often called “the investigative arm of the court,” meaning that the GAL serves as the Judge’s investigator to look into important issues and determine what will be in the child’s best interest. While the child’s wishes may be considered, the GAL’s primary responsibility is to advocate for what is deemed to be in the child’s best interests, even if that differs from what the child expresses.

Successful Co-Parenting During Back-to-School: Essential Tips for a Smooth Transition

Published on: July 16, 2024 | by Vic Carmody Jr., P.A.

As the back-to-school season approaches, parents across the globe are gearing up for a new phase of life that brings with it the hustle and bustle of school schedules, extracurricular activities, and homework assignments. For co-parents, navigating this transition can be both challenging and rewarding. Effective co-parenting during back-to-school requires clear communication, collaboration, and a shared commitment to the well-being of your children. In this blog, we’ll explore essential tips to help co-parents thrive during the back-to-school period and provide a stable and supportive environment for their children.

Open and Honest Communication

The cornerstone of successful co-parenting is open and honest communication. Before the school year begins, sit down with your co-parent to discuss schedules, routines, and expectations. Ensure that both parents are on the same page regarding drop-off and pick-up times, transportation arrangements, and any important dates such as parent-teacher conferences or school events. Keep lines of communication open throughout the year to address any concerns or changes that may arise.

What Happens If You File for Divorce and Later Change Your Mind?

Published on: July 5, 2024 | by Vic Carmody Jr., P.A.

Filing for divorce is a significant and often emotionally charged decision. However, life is unpredictable, and it’s not uncommon for individuals to reconsider their choices. If you file for divorce in Mississippi but later change your mind and decide you want to stay married, there are several steps and considerations to be aware of.

Understanding the Divorce Process in Mississippi

Before diving into the specifics of reversing a divorce filing, it’s important to understand the basics of the divorce process in Mississippi. The state allows for both “uncontested” and “fault-based” divorces. In an uncontested divorce, the grounds are irreconcilable differences, while fault-based divorces can be granted for reasons such as adultery, cruelty, desertion, and others.

Why Are Youth Courts Confidential?

Published on: June 25, 2024 | by Vic Carmody Jr., P.A.

Youth court, often referred to as juvenile court, plays a crucial role in the justice system by handling cases involving minors. A pivotal aspect of youth court is its commitment to confidentiality. This principle ensures that the records and proceedings involving minors are kept private, which is fundamental for several reasons. In this blog, we’ll explore why confidentiality in youth court is essential and how it is maintained.

Why is Confidentiality in Youth Court Important?

Protecting the Minor’s Identity: Youths involved in legal issues are often at a vulnerable stage in their lives. Confidentiality protects their identity, shielding them from potential stigma and the long-term negative consequences that public exposure might bring. This protection is crucial for their reintegration into society as productive and responsible citizens.

Divorce and Desertion in Mississippi

Published on: May 28, 2024 | by Vic Carmody Jr., P.A.

Divorce can be a challenging process, fraught with emotions and legal complexities. In Mississippi, like in many other states, divorce can be granted on various grounds, one of which is desertion. Desertion is a significant issue that affects many marriages, and understanding how it applies within the legal framework of Mississippi is crucial for those navigating this difficult situation.

Grounds for Divorce Based on Desertion

In Mississippi, desertion is one of the grounds for divorce. Desertion occurs when one spouse abandons the marital relationship without cause and without the consent or permission of the other spouse. It is important to note that desertion can be either actual or constructive.

The Power Move Everyone Should Make: Why You Need a Prenup

Published on: May 17, 2024 | by Vic Carmody Jr., P.A.

In the realm of romance, talk of prenuptial agreements often carries a stigma. Some view them as cynical, even suggesting they cast a shadow of doubt over the marriage. However, the reality is quite different. Prenups are powerful tools that can strengthen relationships, protect individuals, and foster open communication. Here’s why everyone should seriously consider getting a prenup before tying the knot.

Protecting Assets

One of the most obvious reasons for a prenup is asset protection. Whether you’re entering a marriage with substantial wealth, a business, or even just personal assets you want to safeguard, a prenuptial agreement can outline how these assets will be divided in case of divorce. It’s not about planning for failure, but about ensuring that both parties enter the marriage with clarity and security.

Divorce Process for Mississippi Inmates

Published on: May 7, 2024 | by Vic Carmody Jr., P.A.

Divorce is always a challenging process, marked by emotional strain and legal complexities. But for individuals who find themselves navigating this journey from behind bars in Mississippi, the hurdles can seem insurmountable. However, despite the unique challenges posed by incarceration, it is possible to sign divorce papers and move forward with a divorce while incarcerated.

In Mississippi, being incarcerated does not automatically prevent you from divorcing your spouse. However, the process does require careful navigation and adherence to specific procedures. Here’s a brief guide on how to sign divorce papers while incarcerated in Mississippi:

Initiate the Divorce Process: The divorce process begins with filing the necessary paperwork with the appropriate court. Talk to your lawyer about your goals, and your lawyer will be able to file the appropriate paperwork in the correct court on your behalf.

The Fastest Way to Divorce in Mississippi: Uncontested Divorce Explained

Published on: April 26, 2024 | by Vic Carmody Jr., P.A.

Divorce is never an easy process, but in Mississippi, there’s an option that can make it quicker and less stressful: uncontested divorce. If you and your spouse can agree on the terms of your divorce, opting for an uncontested divorce might be the fastest way to legally end your marriage in this state. Let’s dive into what uncontested divorce means and why it’s often the speediest route to a divorce decree in Mississippi.

What is Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major issues related to the divorce, including division of property, division of assets and debts, child custody and support (if applicable), and alimony. Essentially, both parties are on the same page and don’t require court intervention to settle disputes.